Personal Injury Law
Medical Malpractice Lawyer
Personal Injury Law
Medical Malpractice Lawyer
A medical practitioner such as a doctor or a nurse is expected to help the patient recover from his illness or injuries. However, in rare cases, poor judgment or human error might lead to a serious injury or even the wrongful death of the patient. Canadian law allows the patient to initiate legal proceedings against the medical practitioner or institution for damages in such cases. In case of wrongful death, the estate or the family members of the deceased might file the claim through a medical malpractice lawyer.
Our Personal Injury Law services
- Occupiers’ Liability
- Dog Bite Injury
- Product Liability
- Nursing Home Negligence
- Wrongful Death
What is medical malpractice?
In simple terms, the failure of the medical professional to perform their function in helping the patient and thereby making the situation worse can be described as medical malpractice. However, under the personal injury law, it is important that you prove that the defendant’s negligence caused the injuries, thereby holding him liable for the damages. Such a claim must satisfy the following requirements under law:
Duty of Care:
This refers to the obligation of the defendant towards the victim. In a medical malpractice case, this refers to the obligation of the medical professional to provide the necessary care and assistance to the patient.
Standard of care:
The level of care that a reasonably prudent and diligent healthcare provider would provide in similar circumstances. In other words, a doctor’s actions are assessed against the standard of care expected of a physician in their specialty.
Breach of duty of care:
When the medical professional fails in his duty of care, this can be seen as a breach of care under the law. In other words, the defendant’s actions did not meet the standard of care expected.
Injury:
There must be significant and actual damages caused by the breach of care. This could be physical injuries, pain and suffering, emotional distress, or financial loss in terms of medical expenses and lost income.
Causation:
The most important aspect of a personal injury case is to prove that the negligence of the defendant caused the injuries.
What are the different types of medical malpractice cases?
Some of the common types of medical malpractice are as follows:
Wrong or delayed diagnosis:
It is the duty of the healthcare provider to diagnose the condition correctly and to do so before it worsens the patient’s condition. The failure to meet this standard of care might cause serious injury to the patient, leading to a medical malpractice claim.
Wrong treatment:
Subjecting the patient to the wrong treatment can also cause serious physical damage and unnecessary pain and suffering.
Errors during the surgery:
Surgical errors such as operating on the wrong patient or a healthy organ can cause irreversible damage to the patient.
Negligence in prescribing medication:
Prescribing the wrong medication or the incorrect dosage can also cause irreparable injury.
Failure to inform the patient of the risks:
It is the duty of the medical professional to fully inform the patient of all the risks and side effects involved in the prescribed treatment. In the event of an injury from a side effect, the failure to inform the patient will also be considered medical malpractice.
How can a medical malpractice lawyer help you?
A medical malpractice claim is highly complicated to prove since it requires investigation and testimony from experts in the medical field to prove the liability. You will require the assistance and guidance of an experienced personal injury lawyer from the very beginning. Your lawyer can help you with the following:
Checking the validity of your claim.
As mentioned above, you need to prove that the negligence of the defendant caused your injuries. For example, if it cannot be proven that the illness worsened because of the negligence of the defendant, you may not have a valid claim to begin with.
Building your case by collecting evidence and records.
Your lawyer will act on your behalf while you are recovering from your injuries and collect all the medical records, test results, and hospital bills to strengthen your claim.
Establishing negligence.
As mentioned above, the success of the personal injury claim will depend on proving the liability of the defendant in causing the injury. By gathering the necessary evidence and expert testimonies, your lawyer will prove the liability of the defendant in your case.
Negotiating with the insurance providers.
If possible, it is best to settle the claim through negotiations rather than going to court, which can be very expensive and time-consuming. Let your lawyer represent you in the negotiations and advise you on the best course of action.
Fighting for maximum compensation for you.
In trying to settle the claim through negotiations, the insurance providers will attempt to reduce your compensation to the possible minimum, while your lawyer will fight for a just and fair compensation amount for you.
Representing you at the trial.
If the insurance providers are trying to settle for a low compensation much below the amount you are entitled to, it might be necessary to take legal action. Your lawyer will represent your case in court and ensure that you receive suitable compensation.
Frequently Asked Questions
Yes, you may file a medical malpractice claim in case of a delayed diagnosis if it can be proven that the delayed diagnosis led to significant harm.
Yes. However, only immediate family members of the deceased are eligible to file the personal injury claim on their behalf. In most provinces, the following family members can file a wrongful death claim:
- Spouse
- Children or grandchildren.
- Parents or grandparents.
- Siblings
Yes. In most cases, you can hold the healthcare professional as well as the institution liable for the injury. The hospital can be sued for the following reasons:
- They employed the negligent staff responsible for causing the injury, especially in cases where they failed to check their history of malpractice cases.
- They failed to provide proper training to the staff, or there was a shortage of trained staff at the hospital.
- They failed to implement proper treatment protocols or to provide necessary equipment, which led to your injury.
As mentioned above, you will have to prove that their negligence led to your injury.
How We Can Help
If you are planning to file a medical malpractice accident claim, get in touch with our legal team today for a consultation. Our experienced personal injury lawyers will ensure that your rights are protected and that you receive the compensation amount that is just and fair. If you cannot afford a lawyer, take advantage of our ‘No Win, No Fee’ offer and call us today for a free consultation.